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HomeMy WebLinkAbout04/04/2000 Adjourned Joint Meeting 316 CITY OF YAKIMA, WASHINGTON APRIL 4, 2000 ADJOURNED JOINT MEETING WITH THE COUNTY COMMISSIONERS The City Council met in session on this date at 7:30 a.m., in the 2nd Floor Training Room, at the Police Station /Legal Center, 200 South 3rd Street, Yakima, Washington. Mayor Mary Place, presiding, Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Larry Mattson, and John Puccinelli were present. Council Member Bernard Sims was absent and excused. Yakima County Commissioners present were Chairman Jesse Palacios, Bettie Ingham, and Jim Lewis. City Staff members present were Dick Zais, City Manager; Glenn Rice, Assistant City Manager; Chris Waarvick, Director of Public Works; Ray Paolella, City Attorney; Doug Mayo, Wastewater Superintendent; Pete Hobbs, Environmental Analyst; Dueane Calvin, Water & Irrigation Division Manager; Bill Cobabe, Neighborhood Development Services Manager; Don Skone, Planning Manager; and Karen Roberts, City Clerk. County staff members present were Dan Hesse, Public Works Director; Vern Redifer, Assistant Public Works Director; and Kent McHenry, Traffic Engineering Manager. Mayor Place called the joint meeting with the County Commissioners to • order at 7:35 a.m. and introductions were made. REVIEW OF 4(d) RULE (SALMON ISSUES) Assistant City Manager Rice stated that information regarding the 4(d) Rule and stormwater issues was distributed last Friday. The purpose of this meeting is to share information and to study the issue; no action is being requested. Dueane Calvin commented that the Endangered Species Act (ESA) is not new; it has been around since the mid -70's. Staff has been involved with stormwater issues for the past couple of years. ESA goes beyond jurisdictional boundaries, and he suggested that a risk assessment for the City and County should be conducted. Referencing the material provided, he stated that staff provided an overview of the basis for listing determinations, timelines, a list of ESA threatened and endangered salmonids in Washington State, potential impacts to mid - Columbia agencies, and a list of local government activities impacted by ESA listings. Also included is a map that depicts the river and stream classifications. He reported that a draft biological assessment would be done by the Bureau of Reclamation on its river and irrigation operations, including its trust obligation to the Yakama Nation, and should be ready in about 30 days. There was discussion about what triggers a biological assessment. If there were a construction project funded with Federal dollars, a biological assessment would be required, including anything on the Endangered Species List, not just salmon. 317 APRIL 4, 2000 - ADJOURNED MEETING WITH YAKIMA COUNTY COMMISSIONERS . Council also briefly discussed the takings issue, the Perkins Coie opinion that indicates the 4(d) Rule could be a violation of the 10 Amendment, and the risk for lawsuits. There was also concern expressed about dealing with multiple entities who would all have to approve any habitat conservation plan. Mr. Calvin commented that things are still evolving and there is zero guidance being provided by the National Marine Fisheries Service (NMFS). He reported that Portland adopted a 200 foot buffer zone rule and asked if that would be the standard, NMFS indicated they would have accepted 150 feet. Council Member Mattson stated it is his understanding from NMFS that if we wanted to adopt a rule with less than 200 feet for a buffer zone, the jurisdiction would have to do the science to support that rule, which may or may not be approved by NMFS. The critical areas ordinance needs to be reviewed too, *0.3 wolf as together with the stormwater plan, irrigation plan, wastewater permit and NPDES permit in a holistic manner. The question is do we want to do a compliance assessment that may or may not lead to a habitat conservation plan. Commissioner Palacios stated that we have to find out how many miles of streams we have and how many of those are public. We have to develop a plan. If we take property to protect it, how would we pay the property owner. Commissioner Lewis stated he thinks that a couple of staff and elected officials should meet to look at the feasibility of conducting a county -wide study; maybe there is funding available from the state or federal governments. Mayor Place commented that we would want to assess our risks and talk about the compliance assessment and what the cost would be. Commissioner Lewis suggested sending a joint letter to • NMFS about what we are doing and encourage them to delay implementation of the 4(d) Rule. Mayor Place said that she and Commissioner Palacios would write a letter. Council Member Mattson suggested the letter includes something about predictability; we need to have rules for property owners to follow. The meeting adjourned at 8:45 a.m. READ AND CERTIFIED ACCURATE BY: s / /.. O`:�CIL MEMB R • DATE r/ , C/ 1b a- az) COUNCIL MEMBER DAT ;0 Z. ATTEST: CITY CLERK MARY PLACE, MAYOR An audio and video tape of this meeting are available in the City Clerk's Office *The minutes were amended at the April 18, 2000 Council meeting. 2